5.1 The report of the Scottish Salmon Strategy Task Force examined in some detail the fisheries management structures for salmon and sea trout. A number of detailed recommendations were made, based on evolution of the current DSFB system. However, the Task Force acknowledged that its remit prevented any examination of the administrative structure that might be required to manage other freshwater fish. This chapter examines the existing management arrangements for all species found in fresh water, and highlights the need to consider a new approach.
The Scottish Executive Rural Affairs Department
5.2 Scottish Ministers have overall responsibility for the stewardship of the freshwater fish resources and the fisheries that depend on them. With the benefit of scientific advice provided by Fisheries Research Services' Freshwater Fisheries Laboratory (see Annex A), SNH and SEPA (which has statutory responsibility for the protection of the freshwater environment), SERAD acts on behalf of Ministers to develop policy and regulation to protect the environment in which fish live and to control their exploitation. SERAD also works to ensure that Scotland plays her part in meeting conservation obligations placed on the UK as a signatory via the EU of the Convention for the Conservation of Salmon in the North Atlantic.
Scottish Natural Heritage
5.3 Scottish Natural Heritage is the public body in Scotland responsible for the conservation of the natural heritage and for promoting public understanding and enjoyment of the countryside. The natural heritage includes wildlife, the landscape, geographical and geomorphological features. SNH is required to consider the sustainability of any activity affecting the natural heritage, but also to take account of the needs of fisheries and other economic uses of the countryside, and the interests of owners and occupiers and local communities. It is SNH's duty to notify as SSSIs areas which are important for their wildlife, geology or landforms, so as to protect them and ensure they are appropriately managed. Such areas include water bodies which are important for their fish. On behalf of Government, SNH has a key role in implementing the EU Habitats Directive in Scotland (see Chapter 3). SNH influences the management of several important freshwater bodies lying within National Nature Reserves, and contributes to various initiatives under the UK Biodiversity Action Plan which aim to safeguard Scotland's native freshwater fish species and their habitats.
District Salmon Fishery Boards (DSFBs)
5.4 The concept of managing the salmon fishery resource in Scotland on a river-by-river basis by DSFBs was developed in the 19th Century and created a comprehensive system of salmon fishery districts across the whole of Scotland. The system remained unchanged until the Salmon Act 1986 came into force. Procedures for the election and composition of boards were amended in 1999 following consultation.
5.5 Today, there are 83 salmon fishery districts in Scotland. However, coverage of Scotland is incomplete, as boards have been constituted in only 51 of these districts. Boards comprise representatives of upper and lower proprietors elected from among themselves, co-opted representatives, where possible, of anglers and tenant netsmen, and a Chairman elected by the members of the board. Although not present as members, representatives of SNH and SEPA attend the meetings of a number of boards. DSFBs have powers to take actions for the protection or improvement of the salmon fisheries within their districts, for the increase of salmon and for the stocking of the waters of the district with salmon. Boards may appoint water bailiffs to enforce fisheries legislation. A water bailiff has powers of entry, search, seizure and arrest. The powers extend to the whole of the district of the board that appointed the bailiff, and to any adjacent district. Where there is no DSFB, Scottish Ministers may appoint water bailiffs to enforce the salmon fisheries legislation. These bailiffs have similar powers to bailiffs appointed by DSFBs, but may only undertake their duties within the district for which they were appointed.
5.6 The situation is different in those rivers that cross or form part of the border between Scotland and England. Although the general Scottish salmon fisheries legislation applies to the River Tweed, the management structure and some particular regulations applying to the River Tweed are rather different from those in other Scottish salmon fishery districts. Administration of the salmon fisheries of the River Tweed is the responsibility of the River Tweed Commissioners (RTC), whose powers and duties are set out in the private, local Tweed Fisheries Acts 1857-1969. The powers and duties of the RTC are broadly similar to those of DSFBs, and for many purposes the RTC is deemed to be a DSFB. However, the RTC is the only "board" in Scotland charged with the preservation and increase of trout and other freshwater fish as well as salmon. The governing body is the River Tweed Council, comprising fisheries proprietors and representative Commissioners appointed by the Local Authorities, among whom there must be representatives of angling interests. Although lying mostly within Scotland, the Border Esk has been subject to English salmon and freshwater fisheries legislation since 1865. Following devolution, responsibility for enacting fisheries legislation in Scotland was devolved entirely to the Scottish Parliament. However, special arrangements had to be made in the Scotland Act 1998 to provide for legislation in respect of the border rivers to be agreed by both the Scottish and Westminster Parliaments.
5.7 Funds for each board are raised from assessments levied on the salmon fisheries within the district for which the board has responsibility. The funds raised from salmon fisheries proprietors in 1994 and 1995 amounted to between £2 million and £2.5 million per annum. At least half the expenditure of boards went on protection and policing of the fisheries. Proprietors were estimated to spend a further £6 million per year on employing ghillies to provide management at beat level and enforcement of local regulations. Proprietors may also pay for fishery management in the form of habitat maintenance at their own fisheries and by contributions to fishery trusts*.
* Report of the Scottish Salmon Strategy Task Force. SOAEFD, 1997
5.8 Since 1989, salmon fishery owners have been exempt from local authority rates in salmon fishery districts for which there is a DSFB. This exemption was introduced to remove the problem of "double taxation" of fisheries that paid both DSFB assessments and non-domestic rates. This exemption was extended to all owners of salmon fishings in 1995.
5.9 At the moment, the lion's share of the responsibility for management of Scottish freshwater fisheries lies with the proprietors, who control the numbers of permits that they issue. Powers available to Scottish Ministers to regulate fishing for salmon are limited and, in general, may be introduced only upon application by a DSFB, or proprietors where there is no board. Calls have been made for the regulation of fishing to be extended to include, for example, catch and release. The powers to regulate fisheries for trout and coarse fish are even fewer than for salmon, and there is no equivalent to the DSFB system for the management of fisheries for these fish.
Fisheries Trusts and Foundations
5.10 In recent years, Fisheries Trusts and Foundations have been established in a number of areas around Scotland to work alongside boards or combinations of boards, their principal objectives being to provide scientific and management support for specific resource management and enhancement projects. These Trusts and Foundations have charitable status and have been able to access a much wider funding base than can DSFBs.
| electro-fishing photo |
5.11 A number of organisations have come together to establish the Scottish Fisheries Co-ordination Centre (SFCC) with the aim of co-ordinating the collection, collation and distribution of information regarding Scottish fisheries, and the freshwater habitats that support them, so as to improve fisheries management and policy development. 5.12 Different catchments and the waters within them have different physical and biological characteristics. Similarly, different populations of fish exhibit different capacities to support fisheries. For these reasons, effective management depends on using the best available information on the resources. Unfortunately, good quality data are often lacking and there is a pressing need to rectify this situation. The SFCC has an important role to play here, such as its use of Geographical Information System technology to help provide integrated analyses of the freshwater and fish resources. |
| Electro-fishing © Lorne Gill/SNH |
Wider Management Issues
5.13 Fisheries management is about more than just managing fish populations. Therefore, there is a need to maintain, and sometimes restore, the habitat conditions essential for the life- cycles of native fish, and protect the natural patterns of fish movement and migration. Fish exist as part of a larger community. Thus, the aim must be to maintain the functions of fish populations in freshwater ecosystems. This catchment-based approach requires input from all parties with an interest in the freshwater environment.
5.14 Proprietors clearly have an important role, but so too do the anglers and other users of the freshwater resource. For example, some of the problems that have beset the freshwater environment in Scotland in recent years have stemmed from the actions, often inadvertent, of anglers. The introduction of non-native fish species, either as fish to be fished for, or as bait to be fished with, has already been mentioned. In some areas anglers have caused damage by the destruction of bankside vegetation to permit easier access or to prevent problems when casting.
5.15 As this section has shown, management structures are well established for salmon and sea trout, although there may be scope for further development. For other fish found in fresh water, management structures are less well developed. Effort is shared among private owners, fishing associations and statutory agencies in a relatively uncoordinated manner.
5.16 It is anticipated that the EU Water Framework Directive will require some monitoring of the freshwater fish species that are expected to occur naturally in Scottish waters. Such monitoring is not systematically carried out at present. This is one of the central issues that will have to be addressed as part of the implementation of the Directive.
The management of freshwater fisheries in Scotland lies in the hands of a number of bodies ranging from central government to private individuals. The Scotland-wide, river-by-river salmon fishery district system for the management of salmon fisheries has existed for more than a century, although there are still a number of districts where DSFBs have not been formed. In recent years, a number of Fishery Trusts have been established to provide DSFBs with scientific advice. However, there is no equivalent structure for the management of other freshwater fish. There is a growing awareness of the need for a more holistic approach to management, encompassing not only all of the fish but also the freshwater environment in general.